The sister of a man who died in the Hillsborough disaster has cast doubt on whether a law aimed at preventing official cover-ups can ever truly work “until they start sending people to prison”.
A new report into calls for a “Hillsborough Law”, published by parliament’s Joint Committee on Human Rights (JCHR), has recommended the government consider introducing a statutory “duty of candour” for all public bodies.
Campaigners want the new legislation to prevent a repeat of the experiences of families of the 97 fans who were killed in the 1989 Hillsborough disaster from happening again.
In June 2021, two police forces agreed to pay damages to more than 600 survivors of the Hillsborough disaster and the family members of victims following a cover-up of the tragedy.
Louise Brookes, whose brother Andrew Mark Brookes was one of the Hillsborough victims, told Sky News that, while she welcomes the principle of a Hillsborough Law to prevent cover-ups in future, she is concerned at how seriously the duty of candour would be taken.
“You will never get people to tell the truth when it’s not in their best interests when they are protected by their bosses, when it’s the establishment,” she said.
“Until they start sending people to prison, nothing is going to change in this country.”
Pressure for a new law increased this week after the report of the inquiry into the infected blood scandalfound it “could largely have been avoided” and that there was a “pervasive” cover-up to hide the truth.
The JCHR said it heard from witnesses who felt the lessons of Hillsborough “remained unlearnt” and some of the same issues continued to have an impact at other major hearings including the Manchester Arena inquiry.
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“People need to understand that these cover-ups traumatise us for life,” Ms Brookes said.
She said victims of a series of scandals have experienced it.
Ms Brookes continued: “For us, the truth is these lies ruin our lives and have sent some people to their graves.
“Individuals need to find their moral compass.”
Last year, in a response to a report on Hillsborough by the former bishop of Liverpool, the Right Reverend James Jones, the government stopped short of introducing legislation, instead proposing a pledge to put the public interest ahead of its reputation.
But JCHR chairwoman Joanna Cherry KC said: “All of us on the human rights committee have huge respect and admiration for the courage and fortitude of the families of those who died at Hillsborough and the survivors. Just this week we have also seen how the victims of the infected blood scandal had to go through a similar struggle.
“It is shameful that their pain was compounded by the delays and obfuscation they faced in their search for the truth, and the decades they had to wait for justice.
“Even so many years later, lessons still have to be learnt to ensure that these failures are not repeated.”
Solicitor Elkan Abrahamson, a director of the Hillsborough Law Now campaign, told Sky News that the public was “fed up with officials lying all the time” and that victims were currently suffering a double injustice.
“There is an impetus from the public for this to be enacted.
“When you ask bereaved families what they want to achieve, almost always the answer is ‘We don’t want this to happen to anyone else’. When they see the government or other public officials covering up what went wrong that almost wounds them psychologically.
“It compounds the trauma they suffered in the first place. It is offensive, not just to the bereaved, but to us as a society.”
In response to the JCHR report, the Cabinet Office pointed to remarks by the Paymaster General John Glen in the Commons on the infected bloody inquiry report this week.
He told MPs that on issues like duty of candour “progress is being made in different ways”.
The prison service is starting to recategorise the security risk of offenders to ease capacity pressures, Sky News understands.
It involves lowering or reconsidering the threshold of certain offenders to move them from the closed prison estate (category A to C) to the open estate (category D) because there are more free cell spaces there.
Examples of this could include discounting adjudications – formal hearings when a prisoner is accused of breaking the rules – for certain offenders, so they don’t act as official reasons not to transport them to a lower-security jail.
Prisoners are also categorised according to an Incentives and Earned Privileges (IEP) status. There are different levels – basic, standard and enhanced – based on how they keep to the rules or display a commitment to rehabilitation.
Usually ‘enhanced’ prisoners take part in meaningful activity – employment and training – making them eligible among other factors, to be transferred to the open estate.
Insiders suggest this system in England and Wales is being rejigged so that greater numbers of ‘standard’ prisoners can transfer, whereas before it would more typically be those with ‘enhanced’ status.
Open prisons have minimal security and allow eligible prisoners to spend time on day release away from the prison on license conditions to carry out work or education.
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The aim is to help reintegrate them back into society once they leave. As offenders near the end of their sentence, they are housed in open prisons.
Many of those released as part of the early release scheme in October after serving 40% of their sentence were freed from open prisons.
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Overcrowding in UK prisons
They were the second tranche of offenders freed as part of this scheme, and had been sentenced to five years or more.
Despite early release measures, prisons are still battling a chronic overcrowding crisis. The male estate is almost full, operating at around 97% capacity.
Sky News understands there continue to be particular pinch points across the country.
Southwest England struggled over the weekend with three space-related ‘lockouts’ – which means prisoners are held in police suites or transferred to other jails because there is no space.
One inmate is believed to have been transported from Exeter to Cardiff.
A Ministry of Justice spokesperson said: “The new government inherited a prison system on the point of collapse. We took the necessary action to stop our prisons from overflowing and to protect the public.
“This is not a new scheme. Only less-serious offenders who meet a strict criteria are eligible, and the Prison Service can exclude anyone who can’t be managed safely in a category D prison.”
A prisoner who has served 12 years in jail for stealing a mobile phone was unable to attend a psychiatric assessment because of a lack of staff, his family claims.
According to psychiatrists, Thomas White has developed psychosis as a direct result of being handed a controversial indefinite jail term called imprisonment for public protection (IPP), which was abolished in 2012.
Ms White said her brother, who experiences religious hallucinations, was placed in segregation and needed three prison staff to release him from his cell – but they were not available due to staff shortages.
Sky News understands that Lord Blunkett, the former Labour home secretary who introduced the IPP sentence but now campaigns for reform, has asked prisons minister Lord Timpson to investigate.
What are IPP sentences?
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Thomas White, now aged 40, was one of more than 8,000 offenders who were given an IPP sentence – a type of open-ended prison sentence the courts could impose from 2005 until they were scrapped.
The sentence – which has been described as a form of “psychological torture” by human rights experts – was intended for serious violent and sexual offenders who posed a significant risk of serious harm to the public but whose crimes did not warrant a life term.
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Although the government’s stated aim was public protection, concerns quickly grew that IPP sentences were being applied too broadly and catching more minor offenders, partly due to the fact that previous convictions were taken into account when determining whether someone posed a “significant risk”.
Thomas was sentenced to two years for stealing the mobile phone in a non-violent exchange back in 2012 – but because he had 16 previous convictions for theft and robberies, he was given an IPP sentence and has served 12 years.
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What is an IPP sentence?
The coalition government scrapped the sentence in 2012, but the change was not applied retrospectively, meaning 2,852 prisoners remain behind bars – including 1,227 who have never been released.
The new government is under increasing pressure to act on the IPP crisis given they were introduced by Lord Blunkett – who has since said he feels “deep regret” about the way the sentence was used.
‘My brother is being seriously failed’
In an email to Lord Blunkett, seen by Sky News, Ms White said: “My brother had a psychiatric appointment on the 1 November to see if he could be admitted to an outside hospital as he has to have two signatures to be transferred to an outside hospital.
“The system is nothing but criminal – people like my brother are being seriously failed.
“We waited a long time to have Thomas assessed again by the psychiatrist. We more than likely won’t get the assessment again.”
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Inside the lives of IPP prisoners
James Frith, the Labour MP for Bury North, said: “Thomas’ case highlights why these sentences were abolished over a decade ago.
“Thomas’s indefinite imprisonment has had a hugely detrimental impact on his mental and physical wellbeing. Thomas should be a patient, not a prisoner.
“We know the prison system is underfunded and overcapacity, but this is no excuse for failing Thomas. I have been working with Clara, Thomas’ sister, and I have written to the Lord Chancellor to raise Thomas’s case and the wider issues of IPPs.
“Thomas has been denied appropriate assessment and care for too long, we will not give up this fight for what is right.”
The Ministry of Justice does not comment on individual medical cases.
It is understood Lord Timpson will respond to Lord Blunkett in due course.
An extra £500m of additional funding will be given to neighbourhood policing, the home secretary is set to announce.
Yvette Cooper will also lay out plans for a new unit to improve the performances of police forces across the country to end the “postcode lottery” of how effectively crimes are dealt with.
The Home Office says the unit will directly monitor police performance in areas prioritised by the government, including tackling violence against women and girls and knife crime.
The home secretary will make the announcements in her first major speech at the annual conference of the National Police Chiefs’ Council and Association of Police and Crime Commissioners on Tuesday.
Ms Cooper is expected to say: “Public confidence is the bedrock of our British policing model but in recent years it has been badly eroded, as neighbourhood policing has been cut back and as outdated systems and structures have left the police struggling to keep up with a fast-changing criminal landscape.
“That’s why we’re determined to rebuild neighbourhood policing, to improve performance across police forces and to ensure the highest standards are being upheld across the service.
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“The challenge of rebuilding public confidence is a shared one for government and policing.
“This is an opportunity for a fundamental reset in that relationship, and together we will embark on this roadmap for reform to regain the trust and support of the people we all serve and to reinvigorate the best of policing.”
As well as the new government performance unit, ministers also hope to improve the relationship between the public and the police by standardising and measuring police response times – something that is not currently monitored.
In the aftermath of the summer riots, sparked by the Southport stabbings on 29 July, Ms Cooper said respect for the police needed to be restored after the “brazen abuse and contempt” shown by the perpetrators.
She said too often people feel “crime has no consequences” and that “has to change” as she promised to restore confidence in policing and the criminal justice system.
Dr Rick Muir, director of policing thinktank the Police Foundation, said: “A serious reform programme like this in policing is long overdue.
“Too often in the past, officers at the frontline have been let down by outdated technology, inadequate training and inefficient support services.
“Until these issues are addressed, the public won’t get the quality of policing they deserve.”